Parker v. Domino's Pizza

629 So.2d 1026 (Fla. Dist. Ct. of Appeal, 4th Dist. 1993)

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Nature of the Case

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Facts

Parker (Ps) was injured while helping a victim of a car accident based on the alleged driving of a Domino's Pizza delivery dude named, Hoppock (D2). J&B Enterprises (D1) owned the local Domino's franchise, and Ps alleged that they were operating as agents, apparent agents, servants and or employees of Domino's Pizza (D). Ps alleged that D exercised control over D1 and D2 and was liable for their injuries under vicarious liability. D moved for summary judgment. The trial court determined that D1 was as a matter of law an independent contractor under the franchise agreement. P appealed.